Last edited 24 Feb 2025

Arbitration agreement

An Arbitration agreement is defined in clauses 6 of the 1996 Arbitration Act.

Definition of arbitration agreement.

(1) In this Part an “arbitration agreement” means an agreement to submit to arbitration present or future disputes (whether they are contractual or not).

(2) The reference in an agreement to a written form of arbitration clause or to a document containing an arbitration clause constitutes an arbitration agreement if the reference is such as to make that clause part of the agreement.

It may also be called an 'agreement to refer 'and essentially means that contractually the parties signing up to a building contract agree to enter into a process known as arbitration if a dispute arises.

Ref https://www.legislation.gov.uk/ukpga/1996/23/contents

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